Judge frees child abuse case pair

By Rosie Waterhouse

12:01AM GMT 15 Mar 2003

Two former children's home workers jailed for allegedly abusing boys in their care were freed by the Court of Appeal yesterday.

Basil Williams-Rigby, 57, who was sentenced to 12 years' at Liverpool Crown Court in August 1999 and Michael Lawson, 62, who was jailed for seven years at the same court in June 2000, have always maintained they were convicted of crimes which did not occur.

During the appeal, their lawyers claimed the men were convicted on the uncorroborated evidence of complainants who only came forward after police "trawled" for alleged victims by writing to former residents asking if they had complaints.

Both men, who worked at the same approved school in Merseyside, were arrested in Operation Care, one of the largest investigations into allegations of abuse in children's homes across five local authorities in the 1970s and 1980s.

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Yesterday's appeal followed the acquittal of David Jones, the former Southampton football club manager, who was wrongly accused of child abuse after being arrested by officers working on the same inquiry.

In a reserved judgment yesterday, three appeal court judges ruled that the convictions of Mr Williams-Rigby and Mr Lawson were unsafe.

Dozens of supporters, family and friends clapped and cheered as Lord Justice Kennedy upheld the appeals.

Mr Williams-Rigby, who was in tears as he hugged members of his family, said: "I feel exhilaration." He said he hoped that other people unjustly imprisoned would soon be able to enjoy their freedom. Mr Lawson, a former police officer, said: "It is wonderful to be free and back with my family."

Both men called for guidelines and safeguards to be introduced covering "trawling" investigations.

Next week Claire Curtis-Thomas, Labour MP for Crosby, who chairs an all party committee on child abuse investigations, is to ask the Criminal Cases Review Commission, which investigates miscarriages of justice, to investigate 28 other former care workers and teachers who claim they were wrongly convicted.

Mr Williams-Rigby was convicted of 22 out of 47 charges including indecent assault and a serious sexual assault. The judge said that, at the time of his trial, the defence had no evidence other than Mr Williams-Rigby's with which to challenge the evidence of the four complainants.

During the appeal two new witnesses, former residents of the home, gave evidence that they saw no sign of physical or sexual abuse.

Lord Justice Kennedy said: "All of the convictions recorded against Williams-Rigby are now unsafe."

The judgment concluded Mr Lawson's fair trial may have been "distorted" by the jury being informed that 20 named care workers at the same home were facing similar allegations. In fact only one other was convicted but Mr Lawson's lawyer said the jury were given the impression the home was a "den of iniquity".

The appeal court was told that one of Mr Lawson's alleged victims later confessed to fabricating evidence in order to obtain money for a sex change.

Chris Saltrese, Mr Williams-Rigby's solicitor, said the cased paved the way for many other appeals. "The Court of Appeal is going to be occupied for many months if not years with similar miscarriages of justice," he said.